Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 1.33

Failure to comply with a legislative provision or order

             (1)  If a step is taken after the time specified for taking the step by these Rules, the Family Law Regulations or a procedural order, the step is of no effect.

             (2)  If a party to a proceeding does not comply with these Rules, the Family Law Regulations or a procedural order, the court may do any of the following:

                     (a)  dismiss all or part of the proceeding;

                     (b)  set aside a step taken or an order made;

                     (c)  determine the proceeding as if it were undefended;

                     (d)  order costs;

                     (e)  prohibit the party from taking a further step in the proceeding until the occurrence of a specified event;

                      (f)  make any other order the court considers necessary, having regard to the overarching purpose of these Rules (see rule 1.04).

Note:          This subrule does not limit the powers of the court. It is an expectation that a non-defaulting party will minimise any loss.



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